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Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
Life Imprisonment without possibility of parole |
Years Imprisoned: |
15 |
Year Crime: |
1988 |
Year Convicted: |
1989 |
Year Cleared: |
2003 |
U.S. State or Country of Crime: |
Massachusetts |
County or Region of Crime: |
Suffolk |
City of Crime: |
Boston |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Shawn Drumgold was wrongly convicted in 1989 of murdering in the drive-by shooting of a 12-year-old-girl on August 19, 1988 in Boston, Massachusetts. The jury relied on key eyewitness Ricky Evans, and Drumgold was sentenced to life in prison without the possibility of parole. Drumgold's conviction was overturned in 2003 based on the new exculpatory evidence that: 1) the prosecution failed to disclose to Drumgold's trial lawyer that in exchange for his testimony the prosecution supplied Ricky Evans with free housing at Howard Johnson's motel, fed him repeatedly, and paid him $20; and, Ricky Evans recanted his trial testimony when interviewed after the new evidence was discovered. The Suffolk County District Attorney's Office declined to retry Drumgold, and the DA's motion to dismiss his murder charge was granted, and Drumgold was released. The prosecutor, David E. Meier, said the State would not apologize to Shawn Drumgold for his more than 15 years of wrongful imprisonment. Drumgold filed a federal civil rights lawsuit against the Boston Police Department and several officers. On April 17, 2008 a mistrial was declared, after jurors deadlocked on a damage award after determining that Boston police detective Timothy Callahan violated Drumgold's civil rights by concealing the fact that he put a key prosecution witness up at a motel, gave him meals and $20 during Drumgold's trial. After a retrial in October 2009, that jury also found that Boston police detective Timothy Callahan violated Drumgold's civil rights by concealing the fact that he put a key prosecution witness up at a motel, gave him meals and $20 during Drumgold's trial. In 2004 Drumgold filed a federal civil rights lawsuit (42 USC 1983) against the City of Boston, and on October 21, 2009 the jury unanimously awarded Drumgold damages of $14 million -- or almost $1 million for each year of his imprisonment. The U.S. First Circuit Court of Appeals overturned that verdict in 2013 based on the trial judge giving the jury improper jury instructions that may have favored Drumgold. In May 2014 Drumgold and Boston agreed to settle the lawsuit for $5 million -- after the city of Boston had spent $2.7 million in legal fees fighting the lawsuit. In addition to the $5 million compensation paid to Shawn Drumgold, his lawyers Rosemary C. Scapicchio and Michael W. Reilly will receive $1.6 million for their 10 years of representing him since the lawsuit was filed in 2004. Drumgold filed a claim for compensation from the State of Massachusetts under G.L.C. 258D in 2006, and was awarded $500,000. However, that money was returned after his successful federal civil rights lawsuit." |
Conviction Caused By: |
Perjury by the prosecution's star eyewitness who in fact was financially rewarded by the prosecution for his testimony. |
Innocence Proved By: |
Shawn Drumgold's conviction was overturned in 2003 based on new exculpatory evidence and the discovery that the prosecution had concealed exculpatory evidence that could have affected the jury's verdict. The murder charge was dismissed against Drumgold and he was released. |
Defendant Aided By: |
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Compensation Awarded: |
"$5 million (City of Boston, May 2014)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
24 |
Age When Released: |
39 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"89 Conviction Invalidated, inmate Drumgold Walks Free, Dick Lehr and Mac Daniel (staff), Boston Globe, 11-7-03" |
Information Location 1: |
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Information Source 2: |
"Wrongful conviction lawsuit settled for $5m, By John R. Ellement (Globe Staff writer), The Boston Globe, May 14, 2014" |
Information Location 2: |
http://www.bostonglobe.com/metro/2014/05/14/shawn-drumgold-paid-million-city-boston-for-wrongful-conviction-darlene-tiffany-moore-murder-case/P55AeEoRluSxhfRNez7KlO/story.html |
Information Source 3: |
"Man gets $14M for cop role in slay trial, By Laurel J. Sweet and Richard Weir (staff writers), Boston Herald - 10-22-2009" |
Information Location 3: |
http://www.bostonherald.com/news/regional/view/20091022man_gets_14m_for_cop_role_in_slay_trial/srvc=home&position=also |
Information Source 4: |
"Wrongful Conviction Cases Under G.L. C. 258D As Of August 1, 2016" |
Information Location 4: |
https://assets.documentcloud.org/documents/3034698/Wrongful-Conviction-Compensation-Cases.pdf |
Information Source 5: |
"Drumgold, Shawn v. Commonwealth, SUCV2006-05062 (Claim for compensation from State of Massachusetts filed under G.L.C. 258D.)" |
Information Location 5: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org